FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - A WORKER DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No. ADJ-00018096 “However, having taken all into consideration, I have decided that I cannot accede to the request for regularisation of the Worker in to her current (post 2). However, I do recommend that her frustration and efforts are recognised and that she is put on the same footing as what her replacement, her husband, was offered while she was out on sick leave. Namely, she shall be paid and receive the same terms and conditions as a permanent post holder and that shall be back-dated to the last day of January 2015.
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 14thOctober 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 10thFebruary 2021.
However, the Employer acknowledged that the Worker could have been treated better by them and, in particular, should have received the correct rate of pay for the performance of duties in a higher grade over a long period. This was reflected in the Recommendation of the Adjudication Officer, who recommended that the worker receive the full back-dated value of the higher rate of pay plus compensation of €3,000. The Court agrees with that Recommendation in its entirety and recommends this to the parties as the basis for a resolution of the dispute. An issue that arose at the hearing as to whether the money due as a consequence of the Adjudication Officer’s Recommendation had, or had not, been paid is a matter of fact to be resolved between the parties. In the unlikely event that this is not possible, it is open to the parties to avail of the State’s dispute resolution processes. The Recommendation of the Adjudication Officer is upheld.
NOTE Enquiries concerning this Decision should be addressed to Noel Jordan, Court Secretary. |